Friday, February 15, 2008

Is a non-lawyer able to enforce a contract for them to provide legal advice? -

Does the quality of the advice matter?

If the question is quot;If (i) a non-lawyer ( N-L ) entered into a contract with another person ( Client ), (ii) under the contract N-L was to provide legal advice to Client, (iii) can N-L enforce that contractquot;, the answer is quot;No.quot; Only a lawyer can provide quot;legal advice.quot; If the question is quot;If (i) a non-lawyer ( Client ) entered into a contract with a lawyer ( Lawyer ), (ii) under the contract Lawyer was to provide legal advice to Client, (iii) can Client enforce that contractquot;, the answer is probably quot;No.quot; In this case, the Client can (i) sue the Lawyer for failing to represent them, (ii) perhaps get the Lawyer disciplined by the appropriate Bar Association, and (iii) maybe the Client could pursuade a judge to require the Lawyer to keep representing the Client (this is a special case, and the Judge may look at quot;whyquot; the Lawyer is refusing to provide legal services to the Client and may agree with the Lawyer). And...... quot;Noquot;, the quot;quality of the advice [does not] matter.quot;

if you received useless advice, try simply not paying. they might take you to court -- small claims if under $1,000 in value. there you will have the chance to argue your case before the judge without a lawyer.

You can t provide legal advice if you are not a lawyer. That is the unauthorized practice of law and is a crime in all fifty states.

a non lawyer cannot contract with anyone to provide legal advice, period. Any such contract would be void on its face.

For them who? If non-lawyers are parties to a contract, they have the right to enforce those contracts. It may require hiring an attorney to do so. The quality of legal advice varies widely. No lawyer makes guarantees on the outcome of cases, just as no doctor makes guarantees. Malpractice cases are available in those instances in which the advice is so bad that it amounts to negligence or falls below a certain standard for which most attorneys would advise otherwise. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

In Ontario paralegals are now regulated by the Law Society. Paralegals can give legal advice within their scope of permissible practise. If not paid, a paralegal can enforce a contact for their fees.

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